FACTS:
The case involves a verified letter-complaint for disbarment filed by Paraluman B. Afurong against Atty. Angel G. Aquino. Afurong alleged that Aquino filed frivolous harassment cases to delay the execution of a final decision, committed falsehood in an Urgent Motion for Postponement, and misrepresented himself as an attorney for the Citizens Legal Assistance Office.
Afurong filed a complaint for ejectment against Victorino Flores for non-payment of rentals. The court rendered judgment in favor of Afurong and issued a writ of execution. Flores sought the assistance of the Citizens Legal Assistance Office, and his case was assigned to Atty. Aquino. However, Aquino filed a Petition for Relief from Judgment, which was dismissed for being filed out of time. He then filed a Petition for Certiorari and Prohibition.
Even though Aquino was separated from the Citizens Legal Assistance Office, he filed an Urgent Motion for Postponement, indicating the Office's address as his own, and falsely claimed that he had to attend another hearing on the same day. However, it was later found that there was no hearing on that day for the case he mentioned. Afurong filed a complaint for disbarment against Aquino, alleging misconduct. Aquino filed an answer, admitting his actions but claiming they were done without malice.
The case was referred to the Solicitor General for investigation, and later transferred to the Integrated Bar of the Philippines Board of Governors. The IBP Commission on Bar Discipline found Aquino guilty of failing to perform his duties as an attorney and recommended a six-month suspension. The Board of Governors adopted and approved the report and recommendation.
The Supreme Court agreed with the findings and suspended Aquino from the practice of law for six months. It was determined that Aquino filed a petition for certiorari solely to delay the execution of a valid judgment and made false allegations in his motion for postponement. Additionally, Aquino misled the court by misrepresenting himself as an attorney for the Citizens Legal Assistance Office despite no longer being employed there.
ISSUES:
- Whether Atty. Angel G. Aquino should be held liable for filing frivolous harassment cases, committing falsehood in an Urgent Motion for Postponement, and misrepresenting himself as an attorney for the Citizens Legal Assistance Office.
RULING:
- Yes, Atty. Angel G. Aquino should be held liable for his actions. The Court found him guilty of malpractice and suspended him from the practice of law for six (6) months. Atty. Aquino's filing of a petition for certiorari, despite the finality of the decision and the ongoing execution process, was seen as a deliberate attempt to delay the execution of a valid judgment. His false statement in the Urgent Motion for Postponement, stating that he had to attend the hearing of another case, violated the duty of an attorney to avoid the concealment of the truth from the court. The Court also noted that Atty. Aquino intentionally misrepresented himself as an attorney for the Citizens Legal Assistance Office, even though he had already been separated from the office at the time.